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MODULE 02

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MODULE 02

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  1. MODULE 02 conducting interviews

  2. 1 • interview basics

  3. Learn to conduct respectful interviews by exploring what questions to ask and avoid, and other factors Understand the Difference, Stigma, Shame, Harm (DSSH) model of conducting interviews Review ways to create a safe space within the interview environment and encourage open and dignified communication 2 1

  4. A Note on Language Use of the Terms Different&Difference 2 1

  5. Exercise • Mock Interview • Scripts • Workbook page 2 2 1

  6. working • with interpreters

  7. Key Challenges 3 Discrimination 1 Discomfort Discomfort due to the attitude of the interpreter. . Discrimination or abusive language on the part of the interpreter, especially if they are not trained. Reluctance 2 Misunderstandings 4 Reluctance of individual to share information based on the gender, nationality or attitude of interpreter or their assumptions about interpreter. Misunderstandings or incorrect language. Breaches 5 Breaches of confidentiality by interpreter. 2 1

  8. Operational Barriers 3 1 COMMUNITY NON STAFF Community members are at times the only interpreters available. . Interpreters may not be staff members, meaning they do not always adhere to the same standards of conduct. CHANGE 2 CIRCUMSTANCES 4 Interpreters may change often, making training difficult. Rare circumstances may require using a family member as an interpreter. 2 1

  9. Group Discussion 1 2 • What impact could the gender, nationality, ethnicity or linguistic groupof an interpreter have on an interview? How can we confirm interpreters are comfortable interpreting for LGBTI people? How can we provide adequate training? 3 4 5 What are the challenges you’ve faced using interpreters, and what are the best practices you’ve used to address those challenges? What alternativesare available if an individual will not interview with an interpreter from their community? Should interpreters be allowed to “opt out” of LGBTI interviews? 2 1

  10. DSSH Model • Guidance page 7

  11. DSSH MODEL OVERVIEW • Created by UK barrister S Chelvan, the DSSH Model is premised upon the idea that LGBTI people have nearly universal characteristics and histories of stigma and difference. • It is an alternative means of assessing credibility for individuals who are not “out” or have not engaged in same-sex partnerships. • It is a method of obtaining an individual’s accountin a way that is non-judgmental and non-intrusive, and maintains dignity and respect by avoiding questions of a sexual or invasive nature. • Based upon openquestions and anon-adversarialapproach. 2 1

  12. DSSH Model Overview • DIFFERENCE • Gradual realization or identification of attraction to person(s) of the same sex(in relation to sexual orientation). • Gradual realization or identification of gender differencefrom the sex they have been assigned (in relation to gender identity). • Gradual realization or identification of bodily difference(in relation to being intersex). Difference begins with the recognition that the individual is not like other “boys and girls” or “men and women” with respect to sex and gender role development. 2 1

  13. DSSH Model Overview • DIFFERENCE Recognition that this “difference” sets them apart. • Potential association with other LGBTI people. • Recognition that they are not living a “heterosexual” narrative. 2 1

  14. DSSH Model Overview • STIGMA Recognition that close family membersand/or friends disapprove of LGBTI conduct or identity. • Recognition that the “majority” does not approve of LGBTI conduct or identity. • Recognition of state, cultural and religious mores or laws directed towards LGBTI people. 2 1

  15. DSSH Model Overview • shame Impact of stigma. • Feelings associated with isolation. • Impact of being the “other” rather than the “same.” 2 1

  16. DSSH Model Overview • HARM Non-state Agent harm: can include mob violence, rape, on-going harassment, extortion, public outing and denial of or discrimination within employment, health care and social services. • Family harm: can include harassment, abuse, sexual and gender-based violence, rape, honour killing, forced marriage and being deprioritized for goods within the family. State Agent harm: can include criminalization, targeting by the police or military, forced medical treatment, arrest, detention, prosecution, long-term imprisonment, torture and denial of access to state infrastructure and public services. 2 1

  17. Foundation • questions

  18. Foundation Questions 1 2 3 • Difference • Sample Questions If someone articulates an experience of difference: • When did you know you were different? realize you were gay (or lesbian, bisexual, non-heterosexual, transgender or intersex)? • When did you start feeling different? • Can you tell me about yourexperienceof feeling different? • In what ways did you feeldifferent? • What does that difference mean to you? If someone articulates their SSOGI identity: • Tell me about your experiences as ---. 2 1

  19. Foundation Questions 1 2 3 4 • Stigma, Shame, Harm • Sample Questions • Are you able to be open about who you are in your home country? • Why or why not? • What do you think would happen if it became known in your community that you are ---- [how the individual identifies]? • Do you know other people like you in your home country? • Can you describe how they are treated? • Have you heard about other people like you? • Can you describe how they are treated? 2 1

  20. Foundation Questions 5 6 7 8 • Stigma, Shame, Harm • Sample Questions • Have you been in a relationship? • If so, how did you meet? • Are you still together? • Are you able to be open about it? • How do people who are LGBTI [like you] meetin your country? • Do you have organizations for LGBTI people [people like you] in your country? • Do you belong to any? • Do any associations, networks or community centers provide you support in your home country? 2 1

  21. Foundation Questions 11 12 10 9 • Stigma, Shame, Harm • Sample Questions • You indicated you experienced harm because you are XXX. Can you please tell me more about that? • Did you tell anyone you were different, or have you told anyone? • Why or why not? • If yes, when? • How did they react? • How did that make you feel? • Does your family know you’re XXX [term individual uses to self-identify]? • If yes, what was their reaction when you told them? 2 1

  22. Foundation Questions 13 • thematic topics to explore… • How has difference, stigma, shame or harm affected your daily life? Ability to obtainandmaintaindignified employment Ability toattend and/or complete school Ability to access housing and medical care Ability to form and maintain social relationships Affect on family bonds and access to cultural, public and community life Safeaccessto goods and services Physicalsafetyand security, and access to justice Examples of thematic areas that might be explored 2 1

  23. questions • to avoid

  24. Questions to Avoid What happened to make you LGBTI? Did something traumatic happen to you? Do you like men or women more? Why do you choose to be LGBTI, if you’re being persecuted? If you’re being harmed, can’t you just be like everyone else? If you’re gay, why are you married? Have you ever had sex with someone of the same sex or gender? • Have you ever tried having sex with someone of a different sex? 2 1

  25. Questions to Avoid Can you prove to us you are LGBTI? Was your attacker gay or straight? How many sexual partners have you had? • How do you have sex? What do you do in bed? Who is the “man” and who is the “woman”? Have you ever had sex with someone of the same sex or gender? Are you a “top” (active / giver) or “bottom” (passive / receiver) participant? Do you use lubricant or sexual devices? What position were you in when you were caught? 2 1

  26. Questions to Avoid What are you, a man or a woman? Can you describe the gay community in this country? • What do you think about homosexuality? What kind of music do you listen to? You said you are transgender – so are you gay or straight What kind of art do you like? Can you tell me the name of gay authors? 2 1

  27. contextual • questions

  28. Contextual Questions 1 2 3 4 Why did you get married? Have you sought medical attention? Have you been tested for HIV? Do you receive money for sex? Many other thematic areas may or may not be relevant to the interview, depending on the specific context and individual. 2 1

  29. group discussion • questioning appropriate lines of

  30. Exercise • Situational • Awareness • Workbook page 12 2 1

  31. key • learning points

  32. Key Learning Points 1 Ensure your interview is a safe space. Review confidentiality policies with the individual. 2 Acknowledge your own biases and avoid relying on stereotypes. Avoid questions of a judgmental nature and questions about sex or anatomy – they are invasive. 3 Recognize the purpose of your interview and appropriate limits to your lines of questioning. 4 For persons of diverse gender identity, ask their preferred name, gender and pronoun and about transition. (See the Successful Communications Unit for guidance.) 5 2 1

  33. 2 • interview techniques

  34. Review best practices for interviewing LGBTI people Highlight key thematic areas that can be explored during the course of the interview Practice asking respectful and appropriate questions 2 2

  35. best • practices

  36. Best Practices • Supportive environment LGBTI people may require a more supportive environment and have greater difficulty articulating claims. • ConfidentialityTrust and confidentiality is key. • Breaks Start slowly and take breaks. • InterpretersOffer different interpreters when appropriate. • Body language and wordsDon’t express judgement; monitor personal biases. • Legal standardsUse them as your guide. • PerceptionLGBTI protection issues may be about perception. • QuestionsBe careful about the sequencing and content. breaks body language and words PERCEPTION legal interpreters STANDARDS confidentiality questions supportive • environment 2 2

  37. addressing • credibility concerns

  38. Addressing Credibility Concerns CONCEPTS AND EXPERIENCES Explore what the concepts and experiences the person has shared mean to them. SUFFICIENT DETAIL Gather sufficient detail to clarify inconsistencies. MORE TIME AND ATTENTIONRecall that LGBTI claims may take more time and attention because they will have to be drawn out more delicately. LGBTI CASES VARYConsider each claim on an individual basis. The experiences of LGBTI people vary extremely widely. 2 2

  39. Addressing Credibility Concerns REASONABLE EXPLANATIONSThere may be reasonable explanations as to why the individual didn’t disclose information about their SSOGI earlier – for example, traumatic experiences, fear of the consequences, discomfort in the interview or that they have never told anyone. FOLLOW UP QUESTIONS Follow-up questions should be asked to clarify uncertainties and credibility concerns must be put to the applicant to give them an opportunity to explain. MAY TAKE MANY MEETINGS BEFORE DISCLOSURE It may take someone many meetings to feel comfortable sharing the reason for flight. “Hiding” coping mechanisms include isolation, adopting “masculine” or “feminine” mannerisms or living closeted lives, which can reinforce low self-esteem. 2 2

  40. Concealment NOT LIVING OPENLYMany LGBTI people have had to keep aspects of their lives secret and may have not lived openly or had intimate relationships before. SUPRESSION AND CREDIBILITY Having suppressed in the past, or possessing an ability to do so in the future, is not a reason to question their credibility. CONCEALMENT CAN CAUSE HARMRemember the individual cannot be expected to change their sexual orientation or gender identity to avoid persecution, as it is fundamental to their human dignity. Concealment can cause psychological harm. SUPRESSING SSOGI Many people have suppressed their SSOGI to avoid persecution. 2 2

  41. Corroborating Evidence SHARED BURDENIn general, there is a shared burden on the individual and the interviewer. CORROBORATING DOCUMENTSARE LESS LIKELY TO OBTAINBecause of the personal nature of LGBTI claims, individuals are much less likely to have corroborating documents. TRUTHFUL ACCOUNTThe applicant discharges their burden by providing a full and truthful account of their experience. This may be more difficult in LGBTI cases due to the personal nature of claims. MAY NEED MORE ASSISTENCE FROM OFFICERThis may result in a greater burden on the officer to assist the individual in articulating their claim. Again, questions related to DSSH and thematic areas of daily life should be explored. 2 2

  42. Exercise • Group • Role-Play 2 2

  43. Exercise • Paired Role-Play • Workbook page 13 Guidance pages 7-11 and 17 Module One Guidance page 23 2 2

  44. key • learning points

  45. Key Learning Points 1 Focus on creating a supportive and welcoming space. Approach the individual in a non-judgmental manner. 2 Focus on discussing issues related to daily life in a respectful way using the DSSH model and thematic areas. Recall that gathering information from LGBTI persons of concern may be more difficult due to the intimate and personal nature of the information. 3 2 2

  46. Key Learning Points – RSD 1 Remember that some efforts employed to “prove” SSOGI may violate the applicant's human rights. Focus on eliciting testimony in a respectful way and observing whether it is detailed and consistent. 2 Focus on the identity of the individual and the perception of the persecutor(s). Remember that COI may be lacking and testimony may the primary evidence used to determine credibility. 3 As in other interviews, examine reports or discuss with the individual what happens to people like them in their country. 4 Recall that testimony can be more difficult to draw out in LGBTI claims due to the intimate and personal nature of the information. 5 2 2

  47. wrap • up

  48. The development of this training package was made possible through the generous support of the American people through the Bureau of Population, Migration and Refugees (PRM) of the United States Department of State as part of the project, “Sensitization and Adjudication Training on Refugees Fleeing Persecution Based on Sexual Orientation and Gender Identity.” The content does not necessarily reflect the views of PRM or the United States. 2

  49. ACKNOWLEDGMENTS UNHCR and IOM would like to thank Jennifer Rumbach for authoring this training package, LK Napolitano for the package design, Gabriel Schirvar for their contributions to editing and on the topics of health and SGBV, and the numerous experts from UNHCR who have been involved in providing feedback on the content of this training package to ensure a high quality resource.  2

  50. ! IMPORTANT! THIS PRESENTATION HAS NOTES Much of the text the Facilitator speaks during this training is represented on the presentation slides. However, the slide notes also contain critical information, including additional text for the Facilitator to speak (represented in the notes as non-italicized text), guides to unit and exercise timing and references to the corresponding page numbers in the Facilitation Guide. It is important that you read the slide notes in full before facilitating this training package. You may also wish to print them to use while facilitating the training. The notes should appear in the dock below the image of the slide when View is set to Normal. If you do not see the notes, hold your cursor on the thin gray bar at the bottom of the window and drag the bar upwards. The notes section will appear. To view the slides with the notes in large text below them, move your cursor to the top of the window and click View, then Notes Page. To print the slide notes with images of the slides (handy for facilitating for the first time, especially for lengthy teaching segments), click Print, then under Print Layout, choose Notes Pages. 2